Check to see that the asset has been titled in the deceased’s name. For example, vehicles, boats, bank accounts, and investment accounts should have a title or other documentation identifying the owner. However, other assets don’t. Also look to see who the beneficiary is. Some assets, such as retirement accounts, have designated beneficiaries. If so, then the asset doesn’t need to pass through probate, so you won’t need to reopen the estate. Other assets won’t have a designated beneficiary, which means you will have to collect it for the estate.
During administration, the personal representative should have given notice to possible creditors via publication in a newspaper or by direct mailing. Creditors then had a certain amount of time to file a claim against the estate. If they file too late, they are typically barred from attempting to collect on the debt. Laws vary by state, so consult a probate attorney and find out if the estate is responsible for the debt.
You should look at your copy of the will. Check to see if some gift wasn’t distributed to a beneficiary. However, things can get complicated because the will does not list every asset in the estate. You will have a very strong case to reopen the estate if the personal representative committed fraud or other wrongdoing.
The new will must be valid and enforceable. It should have been signed according to your state’s formalities. The rules differ by state, but generally at least 2 people must witness the signing of the will. [2] X Research source The will also must have been written later than the will that was probated. If not, then it is not valid. If the estate has already been distributed, then the personal representative may need to recover gifts from the initial beneficiaries.
Generally, the heir should be mentioned in the will. If not, they usually can’t inherit. Most states don’t require that a person name every heir they are intentionally disinheriting. However, spouses in community law states do not have to be mentioned in the will. If there was no will, then the heir could inherit under the state’s intestacy laws, which apply in the absence of a will. Analyze your state law. For example, in Texas, you can only reopen the estate if property was omitted from the will or not administered in probate. [3] X Research source Look if the personal representative gave the heir notice of the probate proceedings. If not, then you may need to reopen the estate for further administration. However, if the heir did receive notice, they should have pressed their claim during the time prescribed.
Find a probate attorney by contacting your local or state bar association and asking for a referral. Once you have the name of someone, call them up and schedule a consultation.
In some states, interested parties may need to get the personal representative’s permission to reopen the estate. Typically, the prior personal representative can also petition to reopen the estate. [5] X Research source
If no form is available, you’ll need to draft your own petition. Your petition should provide background facts about the dispute and explain why the estate should be reopened. Court documents like petitions must look a certain way. Search online to find sample probate petitions. Consult with an attorney if you find this difficult.
You may also have to pay a filing fee. [7] X Research source Call the court ahead of time
If necessary, you may also need to have them appraised. Generally, you’ll need to file an inventory of newly discovered assets with the court or give the inventory to all interested parties.
Remember to consult with a lawyer or accountant with questions. The judge and court staff can’t provide legal advice. Usually, you can pay your lawyer or accountant out of estate assets, which makes getting professional help feasible.
Consult with an accountant if you have questions about taxes, because you may be held personally responsible for any unpaid amount. As the personal representative, you will also have to file the estate’s tax returns.
